Canada Case Law

Sub-Prime Mortgage Corporation v. Kaweesa

Court

Court of Appeal for Ontario

Security for costs ordered because the judge found good reason to believe the appeal was frivolous and vexatious and that respondents lacked sufficient Ontario assets; the Temporary Stay was lifted because respondents breached the stay condition, the moving parties would suffer irreparable harm and the balance of convenience and interests of justice favored lifting the stay; a conditional writ of possession is not automatically stayed by r.63.01(1).

Source excerpt

• Enforcement of minutes of settlement
• Doctrine of frustration
• Security for costs
• Stay pending appeal
• Conditional writ of possession
• Breach of settlement condition

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Inferor Corporation v. Mackenzie Sawmill Ltd.

Court

Supreme Court of British Columbia

The court held that fires destroying the Mackenzie Mill did not permanently discharge MSL under the CSA and did not frustrate the contract.

• Force majeure clause
• Doctrine of frustration
• Contractual interpretation
• Declaratory relief
• Alter ego/conspiracy allegations
• Force-majeure

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Vancouver Musicians' Association (Canadian Federation of Musicians, Local 145) v. American Federation of Musicians

Court

Supreme Court of British Columbia

The court dismissed a petition to amend pleadings challenging AFM bylaws and denied renewed interlocutory relief, holding parts of the claim were an abuse of process.

• Union bylaws
• Trusteeship
• Interlocutory injunction
• Exclusive jurisdiction of labour relations board
• Abuse of process
• Pleadings and amendment

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Hunfeld v. Molendijk

Court

Supreme Court of British Columbia

The court held that paragraph 7 of the 1982 property agreement governed valuation, valued land and improvements separately, and allowed the Hunfelds to buy out the Molendijks.

• Partition
• Valuation of land and improvements
• Doctrine of frustration
• Restrictive covenant effect on value
• Buyout/undertaking to purchase
• Contract-interpretation

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Canadian Alliance of Pipeline Landowners' Associations v. Enbridge Pipelines Inc.

Court

Court of Appeal for Ontario

Section 75 of the National Energy Board Act does not itself create a statutory civil cause of action because it expressly confines compensation to 'in the manner provided in this Act' (the Act's negotiation and arbitration scheme); the easement compensation clauses at issue are limited to specified physical damages and do not cover the appellants' claimed regulatory economic losses; no actionable breaches of covenants were established; therefore the summary judgment dismissing the action was correct.

Source excerpt

• Statutory compensation
• Pipeline easements
• National energy board act (s.75, s.112)
• Arbitration under statute
• Regulatory takings/expropriation
• Doctrine of frustration

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Peacey v. Suckling

Court

Supreme Court of British Columbia

The court allowed the appeal, found an enforceable employment contract arose, and reduced the wage judgment to $2,425.61.

• Employment contract
• Wage subsidy
• Meeting of minds
• Offer and acceptance
• Consideration
• Doctrine of frustration

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